Docket No. EA230159RO
                                    STATE OF NEW YORK
                      DIVISION OF HOUSING AND COMMUNITY RENEWAL
                            OFFICE OF RENT ADMINISTRATION
                                     GERTZ PLAZA
                               92-31 UNION HALL STREET
                               JAMAICA, NEW YORK  11433


          ------------------------------------X
          IN THE MATTER OF THE ADMINISTRATIVE     ADMINISTRATIVE REVIEW
          APPEAL OF                               DOCKET NO.: EA230159RO 
            

                                                  DISTRICT RENT
          ABC Realty Co.                          ADMINISTRATOR'S DOCKET
          c/o David Eisenstein                    NO.: DD220026BO(7MD00950K)
           
                                   PETITIONER
          ------------------------------------X


            ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW


              The above-named owner filed a timely petition for 
          administrative review of an order issued concerning the housing 
          accommodations known as 4815 15th Avenue, Various Apartments, 
          Brooklyn, New York.

              The Commissioner has reviewed all the evidence in the record an 
          has carefully considered that portion of the record relevant to the 
          issues raised by the petition.

              The issue before the Commissioner is whether the 
          Administrator's order was correct.

              The Administrator's order being appealed, DD220026BO was issued 
          on December 29, 1989.  In that order, the Administrator affirmed 
          the finding of 7MD00950K, issued April 14, 1889 that the owner be 
          denied eligibility for a 1986/87 Maximum Base Rent (MBR) increase, 
          due to the owner's failure to serve the tenants with the Order of 
          Eligibility on a timely basis.

              On appeal, the owner contends that it never received the Order 
          of Eligibility, which was issued by the Administrator on June 29, 
          1988 under the Docket #7M00950K(7MI00950K).  The owner further 
          contends that it first learned of this order when it received a 
          letter from the D.H.C.R. dated January 20, 1989, informing the 
          owner that the Administrator hadn't received the Affidavit of 
          Service of the above-named Order of Eligibility.  Pursuant to the 
          Rent and Eviction Regulations, such service had to have been made 
          upon the affected tenants by August 28, 1988, 60 days after the 
          issue date of June 29, 1988.  The owner submits with its appeal an 
          Affidavit of Service dated January 27, 1989.  The owner claims 












          Docket No. EA230159RO

          that, inasmuch as Administrator's order 7MD00950K (issued April 14, 
          1989) states on its face that the Order of Eligibility was mailed 
          to the owner on January 20, 1989, the service of the order 7 days 
          later was timely.

              The Commissioner is of the opinion that this petition should be 
          denied.

              An examination of the record reveals that "Final Order Denying 
          1986/87 MBR's" reads in relevant part:  "Owner... failed  to 
          submit... an Affidavit of Service regarding Order of Eligibility- 
          Maximum Base Rent 1986/87 served on all affected tenants (which 
          finalized interim order), mailed to owner on January 20, 1989, 
          Docket #7M00950K"  The owner interprets this passage to mean that 
          the Order of Eligibility was served upon it on January 20, 1989.  
          The owner thus concludes that its filing of an Affidavit of Service 
          of this order one week later is prima facie proof of timely filing.  
          The Commissioner notes, however that the only document served upon 
          the owner on January 20, 1990 was the above-mentioned letter 
          informing the owner that the Administrator had not yet received an 
          Affidavit of Service.

              The Commissioner is further of the opinion, that, inasmuch as 
          the Final Order wasn't issued until April 14, 1989, the owner was 
          disingenuous in its assertion on appeal that the Final Order was 
          served on January 20, 1989.  The Commissioner thus concludes that 
          7MD00950K's reference to a document "mailed to the owner on January 
          20, 1989" clearly alludes to the Administrator's letter, and that 
          the owner was aware of this allusion.

              The Commissioner is further of the opinion that the owner has 
          not substantiated its allegation, made upon appeal, that it never 
          received the June 29, 1988 Order of Eligibility.  Additionally, 
          there is no evidence in the record to  indicate that the order was 
          not successfully mailed to the owner.

              THEREFORE, in accordance with the provisions of the Rent and 
          Eviction Regulations, it is

              ORDERED, that this petition for administrative review be, and 
          the same hereby is, denied, and that the order of the Rent 
          Administrator be, and the same hereby is, affirmed.

          ISSUED:



                                                                            
                                             Joseph A. D'Agosta
                                             Deputy Commissioner
    

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